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HomeMy WebLinkAboutMinutes City Council - 04/08/1986MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING APRIL 8, 1986 2:00 P.M. PRESENT: Mayor Luther Jones **Mayor Pro Tem Dr. Jack Best Council Members: David Berlanga, Sr. *Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong Acting City Manager Ernest Briones City Attorney Hal George City Secretary Armando Chapa Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Mr. Guadalupe Valdez, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Mendez. City Secretary Chapa called the roll and verified that a quorum of the Council and the required Charter Officers were present to conduct the meeting. A motion was made by Council Member Mendez that the minutes of the Regular Council Meeting of April 1, 1986, be approved as presented; seconded by Council Member Slavik; and passed unanimously. * * * * * * * * * * * * * Mayor Jones called on Paula Gaut of Keep America Beautiful. Ms. Gaut stated that the week of April 20 - 26 has been declared "Keep America Beautiful Week"; there will be several events held to celebrate that week; and she looks forward to the Council participating in the events. * * * * * * * * * * * * * Mayor Jones presented 30 -year Service Award Pins to the following employees: MICROFILMED Minutes Regular Council Meeting April 8, 1986 Page 2 Name: Department: Position: Mr. Ruben L. Rodriguez Street Street Foreman Mr. Cuberto Lopez Water Maintenance Mechanic Foreman Mr. Russell J. Wilson Water Senior Water System Foreman Mayor Jones stated that Mr. Horacio Oliveira, City Surveyor, Engineering Department, was unable to be present to receive his pin. *Council Member Guerrero arrived at 2:07 p.m. * * * * * * * * * * * * * A motion was made by Council Member Slavik that the appointment discussed during the workshop session of Julia Y. Williams to the Citizens` Advisory Health Board be approved; seconded by Council Member Guerrero; and passed as follows: Jones, Berlanga, Guerrero, McComb, Mendez, Pruet, and Slavik voting "aye"; Best and Strong absent. **Mayor Pro Tem Best arrived at 2:19 p.m. * * * * * * * * * * * * * Mayor Jones called for consideration of Consent Motions, items 1 thru 9. 1. Approving specifications and authorizing the receipt of bids for a supply agreement for commercial, automotive, and golf cart batteries. The term of this agreement will be twelve months with option to extend for an additional twelve months, at the same terms and conditions, subject to the approval of the supplier and the City Manager, or his designee. The estimated annual expenditure is $47,000, and funds were approved in the 1985-86 budget. 2. Approving specifications and authorizing the receipt of bids for a supply agreement for approximately 258,000 rounds of reload ammunition for the Police Department. The terms of the agreement will be twelve months with option to extend for an additional twelve months, at the same terms and conditions, subject to the approval of the supplier and the City Manager or his designee. Estimated annual expenditure is $13,000 and funds were approved in the 1985-86 budget. 3. Approving a supply agreement for milk and miscellaneous dairy products for the Elderly Nutrition Program with Borden, Inc., based on only bid received for an estimated annual expenditure of $26,616.19. The term of this agreement will be twelve months with option to extend for an additional twelve months at the same terms and conditions, subject to the approval of the supplier and the City Manager, or his designee. Four bid invitations were issued and only one bid was received. Prices have not changed during the past twelve months. Funds were approved in the 1985-86 budget. Minutes Regular Council Meeting April 8, 1986 Page 3 4. Approving a supply agreement for approximately 11,000 feet of ductile iron pipe (size 4" - 42"); 45,000 feet of class 150 polyvinyl chloride pipe (size 6", 8", and 12"); and 39,100 feet of SDR 21 polyvinyl chloride pipe (size }" - 6") with related fittings, glue, and solvent with Corpus Christi Pipe and Supply based on low and best bids of $297,885.21. The term of this agreement will be twelve months with option to extend for an additional twelve months, at the same terms and conditions, subject to the approval of the supplier and the City Manager or his designee. The ductile iron and class 150 polyvinyl chloride pipe is used by the Water Department. The SDR 21 polyvinyl pipe and fittings are used by various departments. Nineteen bid invitations were issued, eleven bids were received. Prices have decreased approximately 2% from last contract of December, 1984. Funds were approved in the 1985-86 budget. 5. Authorizing the City Manager or his designee to receive bids for enlarging the existing 27 sand traps at the Oso Golf Course, constructing 3 new sand traps, and installing drainage in all 30 sand traps. Funds are available from the Oso Golf Center improvements funds. Bids will be received at the Park and Recreation Office until 2:00 P.M., April 24, 1986. 6. Authorizing acquisition of a parcel of land (1122) located off McCain Drive at a cost of $6,050 for the Turkey Creek Drainage Improvements Project. 7. Approving Change Order No. 10 to the Central Public Library project in the amount of $7,049 which provides for the installation of additional electrical panels, conduit, and related items to accommodate computer equipment as well as minor electrical work required for the telephone installation currently being performed by AT&T. 8. Accepting the recommendation of the Ambulance Advisory Council to change the name of the AID ambulance service to "Corpus Christi Emergency Medical Service" to better reflect the advanced life support service provided and the area being served. The Nueces County Hospital District, Nueces County Commissioners, and City staff agree with this recommendation. 9. Amending, prior to third reading, the ordinance amending Chapter 36 of the City Code to restrict smoking, the use of pyrotechnic devices, noise levels, and seating in the Coliseum, Bayfront Plaza Convention Center Exhibit Hall, and Bayfront Plaza Auditorium, by amending Section 13, increasing the maximum fine not to exceed $1,000. There were no comments from the audience; a motion was made by Council Member Slavik that Consent Motions 1 thru 9 be approved; seconded by Council Member Guerrero; and passed unanimously. * * * * * * * * * * * * * Minutes Regular Council Meeting April 8, 1986 Page 4 Mayor Jones called for consideration of the Consent Ordinances, items 10 thru 18. Acting City Manager Briones stated that Ordinance 17 which amends Chapter 36 of the City Code regarding regulations of the Coliseum and Convention Center, will be adopted as amended to include the maximum fine of $1,000. Mayor Jones noted that this is in accordance with the State Law. City Secretary Chapa noted that Consent Motion 9 amended the Ordinance prior to third reading. Council Member McComb referred to Ordinance 13, increasing the membership of the Corpus Christi Business Development Commission, and stated that he feels that this is a good idea. Mr. McComb stated that in his opinion the Commission should be expanded by another additional member and in view of the fact that Brodie Allen, Director of Business Development, is resigning, serious consideration should be given to having Ed Martin, former City Manager, serve on this Commission. Mayor Jones stated that Mr. McComb's suggestion to increase the Commission to 21 voting members should be made an agenda item. He stated he would like to appoint Ed Martin to fill the first vacancy that occurs on the Business Development Commission. He stated that he would like this to be discussed at a later meeting. There were no comments from the audience; City Secretary Chapa polled the Council for their votes; and the following were approved: 10. ORDINANCE NO. 19253 APPROPRIATING $6,476.35 OUT OF THE NO. 220 STREET BOND FUND FOR ADDITIONAL FUNDING FOR CONSTRUCTION COMPLETION OF HOWARD STREET FROM 19TH STREET TO THE BEN GARZA PARK BOUNDARY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 11. ORDINANCE NO. 19254 AMENDING ORDINANCE NO. 19077 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON THE FOLLOWING STREETS: HOWARD STREET, FROM 19TH STREET TO BEN GARZA PARK; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting „aye,„ Minutes Regular Council Meeting April 8, 1986 Page 5 12. ORDINANCE NO. 19255 CLOSING AND ABANDONING A 10 FOOT WIDE UTILITY EASEMENT AND A 20 FOOT WIDE UTILITY EASEMENT IN LOT 1, BLOCK 1, PADRE -STAPLES MALL, SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 13. ORDINANCE NO. 19256 AMENDING ARTICLE 2, ADMINISTRATION, SECTION 2-140, NAME; MEMBERSHIP; CHAIRMAN, OF THE CITY CODE BY INCREASING THE VOTING MEMBERS OF THE CORPUS CHRISTI BUSINESS DEVELOPMENT COMMISSION BY ONE (1), FOR A TOTAL OF TWENTY (20) VOTING MEMBERS, DESIGNATING THE ADDITIONAL MEMBER AS A COUNTY REPRESENTATIVE TO BE APPOINTED BY THE NUECES COUNTY COMMISSIONERS COURT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 14. FIRST READING AMENDING CHAPTER 36, PARKS, RECREATION, CULTURAL AND LEISURE TIME ACTIVITIES, SECTION 36-7, SWIMMING POOL RATE SCHEDULE, TO ADD A $10 FEE FOR DISABLED PERSONS FOR GENERAL ADMISSION, SEASON PASS, AT ALL MUNICIPAL POOLS; AND DECLARING AN EMERGENCY. The ordinance was read for the first time and passed to second reading as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 15. THIRD READING - ORDINANCE NO. 19257 CLOSING AND ABANDONING A 0.213 ACRE PORTION AND A 0.709 ACRE PORTION OF SHARPSBURG ROAD OUT OF THE G. FARIAS GRANT, ABSTRACT NO. 592; PROVIDING THAT THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION DEDICATE REPLACEMENT RIGHTS-OF-WAY FOR AN ALTERNATE ROUTE FOR SHARPSBURG ROAD AND CONSTRUCT EQUIVALENT PAVEMENT SECTION IN SAID ALTERNATE RIGHTS-OF-WAY. The ordinance was read for the third time and passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." .4inutes Regular Council Meeting April 8, 1986 Page 6 16. THIRD READING - ORDINANCE NO. 19258 ADOPTING THE STANDARD PLUMBING CODE, 1985 EDITION, AND THE STANDARD GAS CODE, 1985 EDITION, WITH CERTAIN CHANGES THEREIN AND ADDITIONS THERETO, AS THE PLUMBING CODE OF THE CITY OF CORPUS CHRISTI; AND PROVIDING FOR AN EFFECTIVE DATE OF JUNE 1, 1986. The ordinance was read for the third time and passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 17. THIRD READING - ORDINANCE NO. 19259 AMENDING CHAPTER 36 OF THE CITY CODE TO RESTRICT SMOKING, THE USE OF PYROTECHNIC DEVICES, NOISE LEVELS, AND SEATING IN THE COLISEUM, BAYFRONT PLAZA CONVENTION CENTER EXHIBIT HALL, AND BAYFRONT PLAZA AUDITORIUM PROVIDING A PENALTY FOR EACH SEPARATE VIOLATION OF NOT LESS THAN $50.00 AND SHALL NOT EXCEED $1,000.00; AND PROVIDING FOR SEVERABILITY. The ordinance was read for the third time and passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 18. THIRD READING - ORDINANCE 19260 AUTHORIZING THE EXECUTION OF AGREEMENTS DESCRIBING THE CONDITIONS UNDER WHICH THE CITY OF MATHIS IS AUTHORIZED TO USE A PART OF THE OLD DAM STRUCTURE WITHIN THE LEASED AREA FOR CONSTRUCTING, OPERATING, AND MAINTAINING A WATER SUPPLY PUMP STATION, AND MODIFYING THE TERMS OF A 15 -YEAR LEASE BETWEEN THE CITY, .THE LOWER NUECES RIVER WATER SUPPLY DISTRICT AND MR. ROBERT ROTH DBA SUNRISE BEACH ON A 45 -ACRE TRACT, MORE OR LESS, ADJACENT TO LAKE CORPUS CHRISTI. The ordinance was read for the third time and passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." * * * * * * * * * * * * * Mayor Jones called for consideration of Regular Motion 19. 19. Authorizing the City Manager or his designee to enter into a 3 -year services agreement with Stephen J. Ondrejas for a manual food concession at the Cole Park concession. The concession will offer food and soft drinks and rent fishing equipment. Compensation to the City is proposed at 27% of gross or $275 per month, whichever is greater. The Park and Recreation Board approved the bid at their March meeting. Contract will provide for facility maintenance by concessionaire. Minutes Regular Council Meeting April 8, 1986 Page 7 Council Member McComb noted that there is no signage located in or near Cole Park to inform the public that there is a food concession, and Assistant City Manager Utter stated that they intend to install some signs. Council Member Mendez inquired as to who would be responsible for the cleaning of the restrooms, and Mr. Briones stated that Mr. Ondrejas has agreed to assume that responsibility and that is included in the contract. There were no comments from the audience. A motion was made by Council Member Mendez that item 19 be approved; seconded by Council Member Strong; and passed unanimously. Mayor Jones called for consideration of Regular Motion 20. 20. Extension of a two year contract for the collection of delinquent ad valorem property taxes to Calame, Linebarger & Graham, in association with Nicolas, Morris & Barrow, under the current terms and conditions for the period July 1, 1986 — June 30, 1988. There were no comments from the audience; a motion was made by Council Member Mendez that item 20 be approved; seconded by Council Member Guerrero; and passed unanimously. * * * * * * * * * * * * * Mayor Jones called for Canvassing the Election Returns and declaring the results of the April 5, 1986 Bond Election. The Council was provided with the computer printout of the results of the election, and City Secretary Chapa informed the Council that there were a few minor changes made to the results which were reported Saturday night; they did not change the outcome in any of the races or propositions; and he then explained to the Council which precincts had changes and the reason for those changes. Mr. Chapa stated that the election had a 17% voter turnout. He stated that he appreciated the cooperation he received from the City staff, in particular Mr. Bruce Aycock, Assistant City Attorney, and Dorothy Zahn, Assistant City Secretary. The Mayor then checked the General Return Sheet of precinct 66 as compared to the computer printout. There were no comments from the audience; City Secretary Chapa polled the Council for their vote as follows: 21. ORDINANCE NO. 19261 BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, CANVASSING ELECTION RETURNS; AND DECLARING AN EMERGENCY. .Minutes Regular Council Meeting April 8, 1986 Page 8 The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." Mayor Pro Tem Best made a motion that an agenda item be prepared regarding a public/private venture for the mercado and also an agenda item regarding the housing of the Spanish artifacts. The motion was seconded by Council Member Strong. Council Member Mendez stated that the Council had discussed the museum expansion previously and had also made a motion regarding that. Mayor Jones stated that the motion was to include it in the bond election and that was done, but it was defeated. Mayor Jones stated that alternatives need to be discussed, but the Council does not mean to circumvent the voters' will on this issue. Council Member Slavik stated that she does not want to make any commitments on these items as far as the budget is concerned and that maybe this can be done without spending any public money. She stated that the public has spoken on these issues. The motion passed unanimously. * * * * * * * * * * * * Mayor Jones announced the following public hearing: 22. ASSESSMENT HEARING: 16th and 17th Street Improvements project, providing for assessments of $184,578.43 for the 160 items on the roll. City Attorney Hal George called as his first witness Mr. Gerald Smith. Through questioning, Mr. George determined that Mr. Smith is a Registered Engineer in the State of Texas and has been employed by the City of Corpus Christi for 25 years. Mr. Smith testified that he has a degree in Civil Engineering from the University of Texas at Austin, and verified that he is familiar with the project. Mr. Smith displayed a transparency of the area under consideration; he stated that this is a voluntary paving project; it is before the Council as a result of petitions; this is one of the last projects included in the 1982 program; it provides for the reconstruction of 16th Street, from Ayers to Morgan, and 17th Street from Ayers to Elizabeth. He explained that the existing streets will be completely removed; there are currently ditches along side the street; and there are many shell driveways. He stated that the proposed street will be 28' in width, have 4' wide sidewalks, concrete driveways, and storm sewer facilities will also be installed. He stated that the plans were prepared in the City Engineer's Office; bids were received on February 16, 1986; 6 contractors submitted bids; the low bidder was Oceanside Asphalt in the amount Minutes Regular Council Meeting April 8, 1986 Page 9 of $513,010.50; and the contractor will have 190 working days or approximately 9 months in which to complete the construction. Mr. Smith testified that the improvements will greatly improve the appearance of the area and will provide sidewalks and a wider street. He stated that it will enhance the property. Mr. Smith stated that the petitions were received in 1981 and the staff conducted a repolling of the neighborhood and there was a 90% positive response for 16th Street and a 91% positive response for 17th Street. He stated that a neighborhood meeting was conducted and there was a large turnout. Mr. Smith stated that the staff prepared the assessment roll for the project; there are 160 items on the roll; the residential rate of $9.75 per 1.f. for 6" curb, gutter and pavement applies to almost all of the properties; the rate for sidewalks is $1.00 per s.f. and $3.51 per s.f. for driveways. He stated that all property owners have been notified of the hearing; they were told that they could pay their assessment at the end of the project, over a 5 -year period, or, in the case of hardship, over a 10 -year period. He stated that the interest rate is 9.24%. He stated that some fences will be relocated at no cost to the owners and every effort will be made to save trees. Mr. Smith noted that the right-of-way is large, 60' to 70'. He stated construction would begin in approximately 3 to 4 weeks from the time the contract is awarded. Mayor Jones noted that there is only one project left, the McNorton Street Improvements, in the 1982 bond program. Council Member Mendez stated that the 1986 bond election included the funds for drainage improvements in the McNorton Area, while the 1982 bond election included the funds for street improvements. Mr. George called as his next witness, Mr. George Paraskevas. Through questioning of the witness, Mr. George determined that Mr. Paraskevas is a certified appraiser, licensed in the State of Texas, a certified real estate broker, and he has been practicing real estate for 15 years. Mr. Paraskevas stated that it is his opinion that all of the properties will be enhanced in at least the amount of the assessments; he has examined the property; and has examined the assessment roll. He stated that there is one odd -shaped parcel, the Beddenfield property (item 128C) but no adjustments are recommended to the roll. Mayor Jones called for comments from the audience. Mr. Eddie Basaldua, 1437 16th Street, stated that he was speaking on behalf of his mother-in-law. Mr. Basaldua asked that the street be constructed at a width of 36' because of the large volume of traffic and due to the heavy trucks that use the street. Minutes Regular Council Meeting April 8, 1986 Page 10 Mr. Smith stated that this subject was brought up at the neighborhood meeting; it is the staff's recommendation that the street be constructed at 28' because it is a residential area. He stated that if the street were constructed at 36', the additional cost to the owner would be $5.58 per 1.f. above the $9.75 cost, for a total of $15.33 per 1.f. He stated that of the total project cost the figure would increase by $55,000 above the $513,010.50. Mr. Smith pointed out that every subdivision built within the last 20 years has the 28' width streets. Mayor Jones inquired if the street width was based on the building code, and Mr. Smith replied that the width is a city standard and is based on useage. He stated that this width provides parking on both sides of the street, but when two cars are parked adjacent to each other, there is room for one car to drive through. Council Member Slavik asked how much the cost would be to the City if the street were constructed at 36'. Mr. Smith stated that the assessment ordinance fixes the maximum rate of $9.75 1.f.; the Council could choose to ask the owners to pay for it, or the Council could amend the ordinance. He stated that the Council could either pass the cost to the owners or absorb the cost. Council Member Slavik stated that 28' is sufficient, noting that if if were wider, the street would become a thoroughfare. Mr. Basaldua stated that it is a thoroughfare now, due to the fact that it is the first street off the expressway and a large number of trucks use the street. Council Member Slavik stated that something could be done to discourage trucks from using the street, rather than widen the street to accommodate the trucks. She suggested that signs be installed prohibiting trucks. There were no further comments from the audience; a motion was made by Mayor Pio Tem Best to close the hearing; seconded by Council Member Mendez; and passed as follows: Jones, Best, McComb, Mendez, Pruet, and Slavik voting "aye"; Berlanga, Guerrero, Pruet and Strong absent at the time the vote was taken. Mayor Jones stated that he agrees with the staff's recommendation of a 28' wide street, noting that if it were changed, it would establish a precedent. Mayor Jones inquired if the property owners knew the contractor, and Mr. Smith stated that the information was provided to them. He stated that Mr. Marion Brown, Paving Coordinator, has three field representatives who will contact the property owners to provide any necessary information. Council Member Mendez stated that the staff needs to prohibit the truck traffic on 16th and 17th Streets. Minutes Regular Council Meeting April 8, 1986 Page 11 Mayor Pro Tem Best informed the Council that Mr. Bill Holly, appraiser for many city assessment projects, had passed away. He stated that Mr. Holly will be missed. * * * * * * * * * * * * * Mayor Jones announced the public hearing on the following street closure: 23. STREET CLOSING: A portion of the 40 -foot wide unimproved street right-of-way in Lots 26 & 27, Section 11, and Lots 6 & 7, Section 10, Flour Bluff & Encinal Farm & Garden Tracts. Mr. Smith displayed a transparency of the area, stating that this is located on the south side of Saratoga in the vicinity of Cimarron Boulevard. He stated that the request is to close a portion of a dedicated but unopened and unimproved 40 -foot wide public right-of-way; this proposes the closure of this dedicated street across the tract being platted by the school district where the new Brighton Village Middle School will be constructed. He stated that this is a portion of the Kaffie Tract. Mr. Smith pointed out the location of the new school and pointed out where the new street would be constructed. He stated there are no City utilities existing or proposed in this right-of-way and neither CP&L nor Southwestern Bell have any interest in this right-of-way. Discussion followed regarding the reasoning for the closure and Mr. Smith stated that the Kaffie's concur with the closure. There were no comments from the audience; a motion was made by Mayor Pro Tem Best that the hearing be closed; seconded by Council Member Mendez; and passed unanimously. Mr. Smith stated that the first reading of the ordinance effecting the closure would be on next week's agenda. * * * * * * * * * * * * * Mayor Jones announced the public hearing on two zoning cases. 24. Amending the zoning Ordinance under Article 30, Changes and Amendments, Section 30-4 to read: "Section 30-4 A public hearing shall be held by the City Council before adopting any proposed supplement, amendment or change. Notice of such hearing shall be given by publishing one time in the official publication of the City of Corpus Christi, stating the time and place of such hearing, which time shall not be earlier than fifteen (15) days from the first day of such publication." Mr. Utter stated that this is a text amendment to the zoning ordinance; Minutes Regular Council Meeting April 8, 1986 Page 12 this will reduce the number of publications required; the majority of citizen interest in zoning cases is a result of the signs placed on the subject property and/or receipt of the notice of the public hearing. Mr. Larry Wenger, Director of Planning, stated that not only is a sign placed on the property, but notices of the hearing are mailed, which is not a requirement of the State law. He stated that the zoning ordinance requires publication 3 times not more than 15 days prior to the hearing, whereas State law requires publication 1 time 15 days prior to the hearing. City Secretary Chapa stated that reducing the number of publications was discussed when looking at ways to reduce the budget; the main reason people know about the zoning cases is because of the signs placed on the property and the notices that are mailed, not because of the publication in the legal section of the newspaper. He stated that this will save approximately $6,000 per year. Mayor Jones noted that the savings would be substantial. Council Member Slavik stated that if this is not needed, it is fine with her, but if it is needed at all, $6,000 is not that large a figure. She inquired if the staff was satisfied that most people become informed about the zoning cases through either the signs or the notices, and Mr. Wenger replied in the affirmative. Council Member Slavik stated that she hesitated to give up any communication with the public, and Mr. Wenger stated that it would still be published one time. Council Member Slavik then stated she would support this text amendment. Council Member Mendez stated that he agreed with the recommendation because he feels that very few people read the legal notices. There were no comments from the audience; a motion was made by Council Member Pruet that the hearing be closed; seconded by Council Member McComb; and passed unanimously. City Secretary Chapa polled the Council for their vote as follows: ORDINANCE NO. 19262 AMENDING THE ZONING ORDINANCE, ARTICLE 30, CHANGES AND AMENDMENTS, SECTION 30-4, TO REQUIRE PUBLICATION ONE TIME OF A ZONING PUBLIC NOTICE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero absent at the time the vote was taken. * * * * * * * * * * * * * Ainutes Regular Council Meeting April 8, 1986 Page 13 25. Application No. 386-3, Mr. Tyrone G. Connelly: For a change of zoning from "B-1" Neighborhood Business District and "R -1B" One -family Dwelling District to "B-4" General Business District on Lots 1, 2, 3, and 4, Block C, Airline Subdivision Unit 2, located on the northeast intersection of Airline Road and Birmingham Street. Mr. Utter stated that in response to the 17 notices of the public hearing, 1 was returned in favor, and 1 was returned in opposition. He stated that the Planning Commission and Planning Staff recommend denial. Mr. Wenger displayed the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the vicinity. Mr. Tyrone Connelly, 4402 Cobblestone, stated that he would like to have an auto service center at this location; a portion of the land is already zoned "B-1", which would allow a 24-hour service station; his business would only be open from 8:00 a.m. to 6:00 p.m. Mr. Connelly then displayed a drawing of the proposed auto service center. He explained that there would be an area in the back of the center that would have an 8' to 9' brick enclosure for the storage of tires. Mayor Jones inquired if this would be a typical Goodyear store, and Mr. Connelly stated that it would, but he would also sell auto parts. He stated that the back portion of the property would be an employee parking lot. In response to a question from Council Member Berlanga, Mr. Wenger stated that the Planning Commission recommends denial because the area along the east side of Airline is zoned "R -1B" and there is objection from the abutting property owner who is concerned as to the zoning of the lot that is currently zoned "R -1B." Council Member Berlanga stated that he would support a special permit, subject to an acceptable site plan, in that the Council would be able to control the type of business that was established at the location. Mr. Connelly stated that an auto parts store is allowed under the current zoning of "B-1", and Mr. Wenger agreed but stated that the applicant also wants to repair cars at the location. In response to questions from Council Member McComb, Mr. Wenger stated that a filling station is allowed under "B-1" zoning and the Planning Commission objected to "B-4" because of the abutting residential use. Mr. Wenger elaborated on the fact that there will be a major intersection in the future at Airline and Cimarron and this will cause problems in turning left into the property if it is changed to "B-4" zoning. Minutes Regular Council Meeting April 8, 1986 Page 14 Council Member McComb inquired of Mr. Wenger's opinion of a special and Mr. Wenger stated that it would still be a business use. Mr. Connelly stated that he is agreeable to a special that his business would not generate much traffic. permit, permit, and noted Council Member Slavik stated that she is opposed to "B-4" special permit because she feels the useage is wrong; it would be into a residential neighborhood; and it would set a precedent. Council Member Guerrero stated that he supports a familiar with Mr. Connelly's other business; and it is operation. Council Member Strong inquired if Mr. Connelly were in front of the store would he be in compliance, and Mr. would not be because his primary useage would not be gas. zoning or a an intrusion special permit; he is an exceptionally clean to install a gas pump Wenger stated that he Council Member Strong pointed out that there are not any gas stations that make a living from the sale of gas, and she feels that if a special permit can control the conditions, then she will support it. Mr. Johnny Thomason, 5433 Ocean Drive, stated that he has a good tenant/landlord relationship with Mr. Connelly; he is a clean operator; and the neighborhood would be proud of the business. Mr. Jack Gordy spoke in favor of the zoning change, stating that many gas stations that perform auto repair are operating under "B-1" zoning. Mr. Willie Brooks, 6417 Lyons, spoke in opposition. He stated that changing tires will be very noisy and there are elderly residents in the neighborhood. He also stated that the traffic will be increased. Mr. Leroy Tyron, 1321 Van Loan, stated that he objects to the zoning change and does not feel business zoning should be on Birmingham Street. speaking on behalf of his father-in-law, Mr. Richard Whitt, Jr. 3458 Topeka, stated that under the current zoning a 24-hour gas station would be allowed; he pointed out that Mr. Connelly's business would be closing at 6:00 p.m. Mr. Whitt cited a zoning case in which "B-4" was requested next to "R -1B" and the Planning Commission unanimously recommended approval. There were no comments from the audience; a motion was made by Council Member Guerrero that the hearing be closed; seconded by Council Member Mendez; and passed unanimously. Minutes Regular Council Meeting April 8, 1986 Page 15 In response to a question from Council Member Slavik, Mr. Wenger stated that the intersection of Cimarron and Airline will have a high concentration of traffic. Mr. Wenger then explained the left turn situation that will exist if any type of business is located on the property. Council Member Slavik stated that she is still concerned about having an auto repair shop in close proximity to "R -1B." Council Member Mendez questioned the curb cuts as shown on the drawing presented by Mr. Connelly, and Mr. Wenger stated that a site plan would have to be submitted and driveway standards would be applied. Council Member McComb made a motion that "B-4" zoning on application 386-3 be denied, and in lieu thereof approve a special permit subject to an acceptable site plan, taking into account the right-of-way necessary for the enlargement of Airline Road. The motion was seconded by Council Member Guerrero. Council Member Strong stated she would support the motion if a brick screening fence is taken into consideration so that there would be little intrusion into the neighborhood, and consideration should also be given to the type of lighting that will be installed. Mr. Utter explained that in terms of the brick fence, her suggestions cannot be enforced unless they are a part of the motion. Mrs. Strong stated that this would be a friendly amendment. A motion was made by Council Member McComb to reopen the hearing; seconded by Council Member Strong; and passed unanimously. Discussion followed between the Council and Mr. Connelly, and it was clarified that the brick enclosure would be just to house the tires and a standard 6' wooden fence would be the screening fence. Mr. Wenger stated that the site plan would come before the Council for approval. Council Member Berlanga inquired if a special permit could limit the hours of operation, and Mr. Utter replied in the affirmative. Council Member Mendez stated that the site plan should include the items the Council has discussed. Mr. Utter informed the Council that the ordinance would require 6 affirmative votes for passage. A motion was made by Council Member Guerrero to close the hearing; seconded by Council Member McComb; and passed unanimously. .4inutes Regular Council Meeting April 8, 1986 Page 16 Mayor Jones repeated the motion which was to deny "B-4" zoning and in lieu thereof grant a special permit subject to an acceptable site plan. The motion passed as follows: Jones, Best, Guerrero, McComb, Mendez, Pruet, and Strong voting "aye"; Berlanga and Slavik voting "no." Mayor Jones stated that he voted in favor of the special permit because he feels it is better than the uses allowed under "B-1." * * * * * * * * * * * * * Mrs. Betty Hoelscher, 434 Atlantic, invited the Council to celebrate the 50th anniversary of Wynn Seale Junior High School. * * * * * * * * * * * * * Acting City Manager Briones stated that the Council had authorized funds in the amount of $5,000 for the Ethel Eyerly Community Center and the center now needs staffing assistance. It is being suggested that a staff of one individual and one custodian, which will cost the City $10,000 for the remainder of the year, be authorized. He stated that this would cost $35,000 in next year's budget. He stated that in exchange for the assistance, the Flour Bluff community has agreed to coordinate a community effort to maintain the center, and based on this cooperative agreement, the staff is supporting the opening of the Center to the extent of $15,000 which will be transferred from the General Fund. He informed the Council that the Center will be open sometime next week, and Assistant City Manager Utter stated that the dedication would be the last week in April. Mayor Jones stated that he approves of what the staff is doing. Mr. Briones stated that Corpus Christi Beach has reached the point where additional safety equipment is needed due to useage. He stated that lifeguards and lifeguard stands are needed; this will cost $51,000 and equipment will cost $60,000. He stated that he is suggesting that the life guard expenses be out of the General Fund Reserve and the $60,000 for equipment be out of the beach contingency fund, particularly the rock groin project. Mayor Jones agreed that this should be done. Mr. Briones noted that the cost of removing the piling is included in the funds. In response to a question from Council Member Slavik, Mr. Briones stated that the cost for next year would be somewhat above $50,000. * * * * * * * * * * * * * Ainutes Regular Council Meeting April 8, 1986 Page 17 Mayor Jones called for petitions from the audience. Mr. Jack Gordy, 6402 Weber Road, stated that he did not think it was right for the Council to be against drunk driving and drinking while in an automobile and then allow the sale of beer at the Corpus Christi Beach Party in order to fund youth projects. Mayor Jones informed Mr. Gordy that this was discussed during the workshop session and the City Manager will have a report to the Council concerning the sale of beer. * * * * * * * * * * * * * Mayor Jones stated that there was a question as to whether or not the Council should go into to closed session to discuss the subject of moving expenses for City employees. Council Member Guerrero stated that there is a specific individual involved and he does not feel it should be discussed openly. Discussion followed regarding a list of individuals and whether or not a certain person's name was on the list. Mr. Briones suggested that it be discussed in closed session because the individual involved is still employed by the City. City Attorney George stated that the particular topic is considering the appointment, evaluation, dismissal, or discipline of an existing employee. The Council then convened in closed session under Article 6252-17, V.A.C.S. at 4:16 p.m. * * * * * * * * * * * * The Council then reconvened the meeting; there being no further business to come before the Council; on motion by Council Member Slavik; seconded by Council Member Berlanga and passed unanimously; the Regular Council Meeting was adjourned at 5:30 p.m., April 8, 1986. /td .1inutes Regular Council Meeting April 8, 1986 Page 18 I HEREBY CERTIFY that the foregoing is a true and correct copy of the Minutes of the Regular Council Meeting of the City of Corpus Christi of April 8, 1986, which were approved by the City Council on April 15, 1986. WITNESSETH MY HAND AND SEAL, this the AO r Luther Js, MAYOR day of Ello'w 1 ig42 . 1 Armando Chapa City Secretary City of Corpus Christi, Texas